The Corpus Christi Court of Appeals recently held that a respondent is entitled to notice and an evidentiary hearing before having its counsel disqualified. First, the court determined it had jurisdiction to issue a writ of mandamus against a presiding judge of a administrative judicial district because the judge was acting in the capacity of
Mandamus
Party Ordered to Sign Medical Records Authorization
By Byron Henry on
The Amarillo Court of Appeals recently held that a party may be ordered to sign a medical records authorization in response to a request for disclosure pursuant to TRCP 194.2. The defendant served a request for disclosures including a request for execution of an authorization to release medical records under Rule 194.2(j). The plaintiffs argued they could respond by…
Tax Returns Not Relevant to Net Worth
By Byron Henry on
Posted in Discovery, Opinions & Judgments
In this mandamus action, the Eastland Court of Appeals held that federal tax returns are not relevant or material to the issue of the defendant’s net worth. While the court of appeals held that a plaintiff seeking exemplary damages need not make a prima facie showing of entitlement of exemplary damages in order to obtain discovery on…
En Banc Fifth Circuit Orders Volkswagen Case Transferred
By Byron Henry on
"The overarching question before the en banc Court is whether a writ of mandamus should issue directing the transfer of this case from the Marshall Division of the Eastern District of Texas–which has no connection to the parties, the witnesses, or the facts of this case–to the Dallas Division of the Northern District of…
Mandamus waiver
By Mike Northrup on
Posted in Appellate Rules, Mandamus
The Houston Fourteenth District Court of Appeals has held that a Relator must challenge all possible grounds supporting a trial court’s ruling by its Petition for Writ of Mandamus or the Relator waives its complaint. In In re TCW Global Project Fund II, Ltd., No. 14-08-00116-CV (Sept. 24, 2008), the Relator filed a Petition…